Township of Spring Garden, PA
York County
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Table of Contents
Table of Contents
A. 
Accessory structures, attached. A permanent roofed accessory structure, attached to the principal building, is considered a part of the principal building for all regulatory purposes.
B. 
Accessory structures, nonattached.
(1) 
New permanent roofed accessory structures, utility sheds and outdoor swimming pools, standing apart from the principal structure, are permitted in the general buildable area and inside the rear yards as long as they are at least five feet from any property line. Existing, permanent roofed accessory structures, utility sheds, and outdoor swimming pools that are proposed for repair or replacement may be exempted from this minimum five-foot setback requirement if the repaired or replaced structure is the same (footprint and height) as the prior existing structure and it is not set back less than the prior existing structure.
(2) 
For all other requirements, a nonattached structure is considered a part of the principal building.
C. 
Fences and walls. The following provision are for all fences and walls except a retaining wall or a wall of a building permitted under the terms of this article.
(1) 
No fence or wall shall be erected to a height of more than four feet in a front yard area. In the case of a corner lot, a fence exceeding four feet may be erected in the second front yard as defined in § 310-27C of this chapter, provided that such fence does not exceed four feet within the primary front yard area.
[Amended 12-14-2016 by Ord. No. 2016-02]
(2) 
No fence or wall shall exceed six feet in height in side and rear yards in R-1 or R-2 Residential Zones.
(3) 
No fence or wall shall exceed eight feet in height in side and rear yard areas in any nonresidential zone.
(4) 
Barbed wire and electrified fences are permitted in C or IP Zone only, and only if not prohibited by other laws regarding public safety.
(5) 
All fences and walls may be located on the property line.
D. 
Home occupations. Whether as a permitted accessory use or a special exception use, all home occupations shall be subject to § 310-57, Home occupation or home profession.
E. 
No-impact home-based business. A no-impact home-based business meeting the definition in § 310-3C shall be subject to the following requirements:
(1) 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2) 
The business shall employ no employees other than family members residing in the dwelling.
(3) 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4) 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(5) 
The business activity may not use any equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6) 
The business activity may not generate any traffic, solid waste or sewage discharge in volume or type that is not normally associated with residential use in the neighborhood.
(7) 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(8) 
The business may not involve any illegal activity.
(9) 
A use certificate shall be required to register the business activity.
F. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection F, Detached garages and carports, was repealed 12-14-2016 by Ord. No. 2016-02.
G. 
Family day-care homes.
(1) 
A family day-care home may be permitted as an accessory use to a single-family dwelling.
(2) 
Four, five or six children who are not related to the caregiver may receive child care in a family day-care home.
(3) 
All family day-care homes shall hold a family child-care home certificate of registration from the Pennsylvania Department of Public Welfare in order to legally operate.
(4) 
All family day-care homes shall conform to 55 Pa. Code, Chapter 3290, Family Child-Care Homes, as may be amended from time to time.
H. 
Garage and yard sales. Garage and yard sales may be permitted in the residential zoning districts and the A-O Zoning District in accordance with Chapter 158 of the Code of the Township of Spring Garden.
A. 
Those elements that may be excluded from sign controls include:
(1) 
Flags of any federal, state or local government.
(2) 
Interior signs not visible from a public right-of-way or adjoining property.
(3) 
Cornerstones built into or attached to a wall of a building.
(4) 
Official notices of any court or public office.
(5) 
Legal notices posted pursuant to law.
(6) 
Public service signs as aids to safety or service.
B. 
Number of signs permitted.
(1) 
For all uses:
(a) 
One sign is permitted on each street frontage of a lot for each occupancy or purpose; and
(b) 
One additional sign for each occupancy or purpose is permitted for every 200 feet of street frontage or major fraction thereof, all in accordance with Subsection C below.
(2) 
For business signs, other than identification signs, any number of signs is permitted as long as their total area does not exceed the maximum under Subsection D below.
(3) 
No more than one sign advertising the sale or rental of a premises shall be placed on the property unless said property fronts on more than one street, in which case one sign may be located on each street frontage.
C. 
Determination of size. The size of the sign shall refer to the area of the sign facing, including any border framing or decorative attachments.
(1) 
Wall or freestanding business identification signs shall be limited to one square foot for each two lineal feet of horizontal building facade length, but not to exceed an aggregate area as set forth in § 310-13D below. No more than two freestanding sign structures shall be permitted per lot.
(a) 
If an establishment has walls fronting on two or more streets, the sign area for each street may be computed separately.
(2) 
In the case of freestanding letters, it shall be the area contained between the highest and lowest points of any letters and the extremity points of the first and last letters.
(3) 
In the case of figures and designs, the space between such figures and designs shall be included.
(4) 
Where a sign has two or more faces:
(a) 
The area of all faces shall be included in determining the area of the sign; except that,
(b) 
Where two such faces are placed back to back and are at no point more than three feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area.
D. 
Permitted signs. The types and sizes of signs shall be in accordance with the following regulations.
(1) 
All zoning districts.
Type of Sign
Size
(square feet)
Permit Required
Official traffic or directional signs and other official federal, state, county or local government signs: traffic control, parking regulation, street names
NA
No
Directional signs installed on private property
6
No
Temporary political campaign, activity or event
2
No
Yard and garage sale/auction sale
2
No
Directional sign for real estate open house (allowed three days prior to and removed on closing day of event)
6
No
Civic, philanthropic, educational, religious or nonprofit organization fund-raising campaign, drive or event
16
No
Business promotion signs advertising the temporary sale of products, goods or services
32
Yes
Portable signs
6
Yes
Temporary signs erected in connection with the development or proposed development on the premises by a builder, contractor, developer, or other persons with an interest in such development
64
No
Temporary signs advertising the seasonal sale of products or goods such as Christmas trees, Easter flowers, fireworks, etc.
12
No
Identification of industrial park, subdivision, or shopping center
150
Yes
(2) 
R-1 Residential Suburban and R-2 Residential Urban Districts.
[Amended 1-13-2010 by Ord. No. 2010-01; 10-12-2011 by Ord. No. 2011-12]
Type of Sign
Size
(square feet)
Permit Required
Identification and information of churches, schools, and other nonprofit institutions
10
Yes
For sale or for rent on the affected property while being so offered
6
No
No trespassing
2
No
Business identification
2
Yes
Temporary signs of architects, builders, contractors, developers, engineers, painters and similar artisans, which are erected and maintained on the premises where the work is being performed
12
No
Street name and address of a dwelling or dwelling unit including signs identifying a permitted home occupation, displaying the name, profession or activity
2
No
Recreation sponsorship sign; in R-1
24 per sign; 800 total of all signs
Yes
(3) 
Apartment-Office Zone.
Type of Sign
Size
(square feet)
Permit Required
Identification and information of churches, schools and other nonprofit institutions
20
Yes
For sale or for rent of a premises
32
No
Identification and information for apartment complex
20
Yes
Business identification (for individual businesses)
6
Yes
Temporary signs of architects, builders, contractors, developers, engineers, painters and similar artisans, which are erected and maintained on the premises where the work is being performed
32
No
Street name and address of a dwelling or dwelling unit, including signs identifying a permitted home occupation, displaying the name, profession or activity
4
No
No trespassing
6
No
(a) 
Signs identifying the name of the multifamily apartment complex and for the purpose of identifying the individual buildings within the complex shall be permitted for not more than one sign for each entrance to the complex. Such signs shall not include advertising.
(4) 
Commercial, Industrial and Open Space Districts.
Type of Sign
Size
(square feet)
Permit Required
No trespassing
6
No
Business identification (for individual businesses) — Commercial Zone and Industrial Park Zone
150
Yes
Billboards (not permitted in OS District)
300
Yes
Temporary work signs of architects, builders, contractors, developers, engineers, painters and similar artisans performing work on the premises
32
No
For sale or for rent on the affected property while being so offered
32
No
Street name and address of a dwelling or dwelling unit, including signs identifying a permitted home occupation, displaying the name, profession or activity
4
No
Electronic message signs (IP District only)
32
Yes
Identification and information of churches, schools and other nonprofit institutions
20
Yes
(5) 
Notwithstanding the foregoing, no signs shall be permitted which advertise a no-impact home-based business.
E. 
Setback of signs.
(1) 
No portion of a sign may be closer to a street right-of-way line than 10 feet, except for a sign less than three feet in height.
(2) 
No sign is permitted within a clear sight triangle, as provided in the Township Subdivision and Land Development Ordinance, at an intersection that, in the opinion of the Township police or the Zoning Officer, will obstruct the vision of motorists.[1]
[1]
Editor's Note: See § 275-30D in Ch. 275, Subdivision and Land Development.
(3) 
No sign shall be so located or arranged that it interferes with pedestrian or vehicular traffic because of glare; blocking of reasonable sight lines for streets, sidewalks or driveways; confusion with a traffic-control device (by reason of color, location, shape or other characteristic); or for any other reason.
(4) 
For all uses, an advertising and a business sign must be at least 60 feet apart.
(5) 
No advertising or business sign exceeding 30 square feet in area may be located within 75 feet of an R-1 or R-2 residential zone.
F. 
Projection of signs.
(1) 
No sign may project over a public sidewalk area.
(2) 
No sign may project over a street unless specifically authorized by other Township or state regulations.
(3) 
No sign may project more than 25 feet above the ground except for an attached sign that may project 10 feet above the roof of a building, providing the sign so placed does not project more than 35 feet from the ground to the highest part of the sign.
(4) 
Wall signs shall not extend beyond the edge of any facade or other surface to which they are mounted and shall not project more than 12 inches from the wall's surface.
(5) 
Projecting signs shall not extend more than four feet from the wall or surface to which they are mounted.
(6) 
Projecting signs shall not interfere with normal pedestrian or vehicular traffic and shall not be less than eight feet six inches above the pavement or ground.
G. 
Illumination of signs.
(1) 
Flashing and intermittent lights are permitted only in Commercial or Industrial Park Zone.
(2) 
A sign may be illuminated only if the lighting is so screened that it is not directed or reflected toward any abutting property or adjacent residence, and so it does not distract or not obstruct the vision of motorists or pedestrians.
(3) 
Flashing and intermittent lights, and signs which are illuminated in the colors red, green or amber, either by colored bulbs or tubing, or which produce high reflections through the use of special preparations such as fluorescent paint or glass, may not be located within a radius of 200 feet of a highway traffic light or similar safety device or from the center of any street intersection. No red, amber or green lights shall be permitted higher than 15 feet above ground level.
(4) 
The maximum frequency of a change in copy or message on electronic message signs shall be no less than once every one minute.
(5) 
Nameplate signs displaying the name and address of the occupant of a dwelling or dwelling unit, and signs identifying a permitted home occupation, displaying the name, profession or activity, shall not be internally illuminated or illuminated by any lighting having a total wattage of more than 100 watts.
(6) 
Nonilluminated temporary signs may be permitted on new construction sites, if such signs do not to exceed 32 square feet in total area and if they are removed within seven days after completion of the construction work. Not more than one sign shall be placed on each street frontage of the construction site.
H. 
Electronic message sign:
(1) 
Electronic message signs shall not flash, rotate or blink.
(2) 
Each electronic message sign shall be permanently installed. No portable signs of any kind shall be allowed under this provision.
(3) 
Frequency of a change in copy or message on the electronic message sign shall be no less than once every one minute.
(4) 
The electronic message sign shall not distract drivers of vehicles within the area and shall not under any circumstances imitate or emulate traffic-control devices.
(5) 
Electronic message signs shall not be permitted on that side of the property that may be located adjacent to any residential district.
(6) 
All copy, characters or other changeable images shall be of one color only, with light copy on a dark background.
(7) 
Exceptions:
(a) 
Scoreboards.
(b) 
Signs for the display of gasoline and other automobile fuel prices.
(c) 
Official traffic-control devices.
(d) 
Signs displaying only the time and/or temperature.
(8) 
Any sign that displays moving, racing, scrolling, or other digital, electronic or internally illuminated text or images that appear to scroll, race or move shall be prohibited.
I. 
Construction and maintenance. Signs must be constructed of durable materials, maintained in good condition, and not allowed to become dilapidated.
J. 
Removal upon termination of use or activity. Upon termination or abandonment of a use or activity for which a sign was intended, all signs pertaining to the use or activity must be removed by the person who benefited, owned or was responsible for the sign.
(1) 
An abandoned sign is a sign that is located on and/or related to a use which has become vacant and unoccupied for a period of more than six months; was erected for an occupant or business unrelated to the present occupant or business; or which relates to a time, event or purpose which is past.
(2) 
Whenever the Township removes or causes to be removed a sign pursuant to this section, the cost of such removal shall be paid by the owner of the property on which such sign is or was located. The cost of removal shall be certified to the Township Manager. Upon filing of such certification, the Township Secretary shall cause 30 days' written notice to be given by certified mail to the person or persons against whose property an assessment has been made. The notice shall state the amount of the assessment and the time and place of payment and shall be accompanied by a copy of the certificate. The expense of such notice shall be borne by the Township. The amount assessed against the real estate shall be a lien from the time of filing of the certificate with the Board of Commissioners and, if not paid within the time stipulated, a claim may be filed and collected in the same manner as municipal claims are filed and collected.
K. 
Restriction of signs on poles. No signs other than those erected by the Township for purposes of traffic control, parking regulation, public safety, street names or direction to major community facility locations are permitted on utility poles or Township-owned poles. This subsection does not apply to an identification sign placed by public utility companies on their own utility poles.
L. 
Restriction on recreation sponsorship signs:
[Added 1-13-2010 by Ord. No. 2010-01]
(1) 
No recreation sponsorship sign shall be more than six feet above the ground.
(2) 
The height of such sign shall not exceed four feet and the width shall not exceed six feet.
[Amended 10-12-2011 by Ord. No. 2011-12]
(3) 
All such signs shall be erected on the inside wall of a baseball field outfield fence.
(4) 
There shall be five feet of open space between each sign.
(5) 
The background color of all such signs shall be black.
(6) 
All such signs shall be constructed of a flexible, vinyl material.
(7) 
All such signs shall be one-sided and facing inward.
(8) 
All such signs shall only be erected during the athletic season for which the sponsorship supports.
(9) 
All such signs shall be erected within 10 days prior to the athletic season which the sponsorship supports and shall be removed no later than 10 days after such season ends.
M. 
Temporary signs. Unless otherwise specified, temporary signs shall not require a zoning permit.
(1) 
Signs announcing a political campaign, drive or event shall be allowed no more than 45 days prior to and shall be removed within five days following the election.
(2) 
Signs announcing a fund-raising campaign, drive or event, or that of a civic, philanthropic, educational, religious or nonprofit organization shall be allowed for a maximum of 30 days in a six-month period.
(3) 
Signs identifying a yard or garage sale or public auction may be placed a maximum of five days prior to a sale and removed within 24 hours after the sale.
(4) 
Signs advertising the seasonal sale of products or goods, such products as Christmas trees, Easter flowers, fireworks, etc., shall not be posted earlier than 30 days before the date of the event to which they pertain and shall be removed within seven days of said event.
(5) 
Business promotion signs advertising the temporary sale of products, goods or services shall be allowed for a maximum of 30 days in a six-month period.
(a) 
Such signs shall be permitted on premises only.
(b) 
A zoning permit is required.
(c) 
A temporary business promotion sign shall not count toward to sign area.
(6) 
Signs advertising the sale or rental of a property may be located only on the affected property while being so offered and shall be removed within seven days after settlement or a lease has been entered into.
(7) 
Signs of architects, builders, contractors, developers, engineers, painters and similar artisans may be only located on the affected property and shall be removed promptly upon completion of the work.
(8) 
Directional sign for real estate open house are allowed three days prior to and removed on closing day of the event.
(9) 
Buntings and pennants are permitted only to announce the opening of a new business or industry or in connection with a civic event, only at the event site, and must be removed after 30 days.
(10) 
Temporary off-premises signs, when permitted, shall not be placed within a public right-of-way or on property owned and/or maintained by Spring Garden Township.
(11) 
Temporary off-premises signs require permission of the property owner prior to installation of the sign.
N. 
Other sign regulations.
(1) 
Portable signs, including "A-frame" signs, sandwich boards, and sidewalk or curb signs shall not obstruct any public right-of-way and shall be displayed on site during the normal hours of operation of the business for which the sign applies. Signs on moving vehicles are prohibited.
(2) 
Window signs, regardless of type and number of signs, shall not exceed 20% of the total area of the window.
(3) 
Signs identifying office, commercial or industrial subdivisions or land developments comprising three or more principal uses may be located at up to three of the major entrances from exterior streets and may include the overall name of the development and any logo. Such signs shall not include advertising.
A. 
Recreational vehicles, utility and boat trailers, boats and trucks. In an R-1 or R-2 residential zone, recreational vehicles and trailers, and trucks with four rear wheels (except pickup trucks) or trucks with more than two axles, shall not be stored for a period in excess of three days in the area between the street line and the line formed by the front wall of the principal building extended the full width of the lot.
B. 
Outdoor stockpiling. In all zones, no outdoor stockpiling of any material or outdoor storage of trash is permitted.
C. 
Trash or junk. The accumulation of trash or junk out of doors is prohibited in all zones.
D. 
Hazardous or toxic substances or materials. No toxic substance or material shall be stored or maintained in violation of any state or federal law or regulation.
E. 
Storage tanks. All aboveground and underground storage tanks must be installed and maintained in accord with all state and federal law or regulations.
F. 
Portable storage units and roll-off dumpsters shall be permitted when in compliance with the provisions set forth in Chapter 232 of the Code of the Township of Spring Garden.
A. 
Size of parking spaces and aisles.
(1) 
Each parking space shall be not less than 10 feet by 18 feet, exclusive of aisles or passageways and driveways appurtenant to the space and giving access to it.
(2) 
Where parking spaces are served and/or separated by aisles or passageways, the minimum width of said aisles must be 18 feet for one-way traffic or 24 feet for two-way traffic. All parking spaces shall be clearly defined by painted lines or wheel blocks.
(3) 
The size of accessible parking spaces shall be in accordance with the current American with Disabilities Act Accessibility Guidelines for Buildings and Facilities.
B. 
Spaces required.
(1) 
For each use or building erected or enlarged, off-street parking spaces must be provided in accordance with the following schedule:
[Amended 12-14-2016 by Ord. No. 2016-02; 11-13-2019 by Ord. No. 2019-05]
Use
Required Parking Spaces
Agricultural Uses:
Camp/campground
1 per campsite + 1 per employee/staff
Farm (agriculture)
1 per employee excluding residents
Greenhouse, horticultural nursery
1 per 200 square feet accessible to customers + 1 per employee
Kennel
1 per 10 animals boarded + 1 per employee
Stable/riding academy
1 per horse boarded + 1 per 1.5 pupils of the largest class.
Wildlife preserve
1 per 5 acres
Veterinarian/animal hospital
4 per veterinarian
Residential Uses:
Caretaker or watchman dwelling
1 per unit
Boarding/rooming house
1 per guest room + 1 per employee
Dwelling unit
2 per dwelling unit
Dormitory
1 per unit
Group home/care facility
1 per 2 occupants + 1 per employee on largest shift
Life care retirement facility
1 per individual dwelling unit + 1 per bed
Commercial Uses:
Adult-oriented business
1 per 100 SFGFA*
Automobile service station
1 per fuel pump
B.Y.O.B. (Bring your own bottle) club
1 per 3 persons of maximum occupancy + 1 per employee on largest shift
Financial institution
1 per 250 SFGFA
Child day-care facility
1 per 10 persons of maximum capacity, plus 1 per employee
Commercial school
1 per student + 1 per employee
Convenience store
1 per 100 square feet + 1 per employee on the largest shift
Funeral home
1 per 50 SFGFA + 1 per employee
Home occupation
4 per use
Hotel/motel
1 per sleeping room + 1 per employee on largest shift + 1 per 4 persons of capacity of any associated meeting rooms; parking for any associated restaurant, nightclub, recreation, or other uses shall be calculated separately
Indoor commercial recreation facility
1 per 200 SFGFA
Laundry/dry cleaning
1 per 40 square feet of floor area accessible to customers + 1 per employee
Medical clinic
4 per doctor, dentist, or physician's assistant + 1 per employee
Mini storage/self-storage facility
1 per employee on largest shift + 2 for visitors/tenants
Nightclub
1 per 30 SFGFA + 1 per employee
Office, professional
1 per 300 SFGFA
Personal service business
1 per 150 SFGFA
Professional office flex space
1 per 300 SFGFA
Restaurant, fast-food
1 per 30 SFGFA + 1 per employee on largest shift
Restaurant, sit-down
1 per 40 SFGFA + 1 per employee on largest shift
Retail store or shop
1 per 200 SFGFA + 1 per employee on largest shift
Shopping center or mall
1 per 200 square feet of customer floor area + 1 per employee on the largest shift
Tavern
1 per 3 persons of maximum occupancy + 1 per employee on largest shift
Motor vehicle service/repair
4 per bay + 1 per employee
Vehicle sales or rental facility
1 per 10 vehicles displayed on site + 1 per employee
Recreational Uses:
Fitness/health center
1 per 60 SFGFA + 1 per employee on largest shift
Golf course
4 per hole + 1 per employee + 50% of required spaces for accessory uses
Park/playground or recreational facility, municipal or nonprofit
4 per acre or 1 per 4 persons of maximum capacity
Trap, skeet, rifle or archery range
4 per acre or 1 per 2 persons of maximum capacity, whichever is greater
Institutional and Public Uses:
Club/community center
1 per each 40 SFGFA in assembly halls, auditoriums and dining halls + 1 per employee
Crematorium
1 per employee
Emergency services (protective)
1 per each employee on the two largest successive shifts
Family day-care home
1 per each 4 residents + 1 per each employee on largest shift + spaces for vehicles used in conduct of the facility
Public building or facility
1 per 100 square feet of floor area accessible to customers + 1 per employee on largest shift
House of worship
1 per 4 seats in room of greatest capacity
Hospital
1 per 2 beds + 1 per staff physician + 1 per employee on the largest shift
Medical clinic
1 per 220 SFGFA
Nursing home/convalescent center
1 per each 8 beds + 1 per each staff doctor + 1 per 2 employees, including nurses
Public utility building
1 per employee on largest shift
School, public or private
1 per 20 students in grades K-10 + 1 per 5 students above grade 10 + 1 per employee
Industrial, Transportation, and Communication Uses:
Electric-generating facility
1 per each employee on the two largest successive shifts
Heliport/helipad
1 per employee + 2 per transient users
Industrial park
1 per each employee on the two largest successive shifts
Junkyard
1 per employee on largest shift
Manufacturing, heavy or light
1 per each employee on the two largest successive shifts
Processing establishment
1 per each employee on the two largest successive shifts
Truck or motor freight terminal
1 per each employee on the two largest successive shifts
Newspaper printing/publishing
1 per each employee on the two largest successive shifts
Transportation (passenger) terminal
1 per each 100 square feet of waiting room space + 1 per 2 employees
Wholesale establishment
1 per each employee on the two largest successive shifts
NOTE:
*
SFGFA — square feet of gross floor area
(2) 
All uses shall provided accessible parking spaces in accordance with the current American with Disabilities Act Accessibility Guidelines for Buildings and Facilities, and as set forth in the following table.
Total Spaces in Lot
Accessible Spaces Required
1 to 25
1 van
26 to 50
1 standard + 1 van
51 to 75
2 standard + 1 van
76 to 100
3 standard + 1 van
101 to 150
4 standard + 1 van
151 to 200
5 standard + 1 van
201 to 300
6 standard + 1 van
301 to 400
7 standard + 1 van
401 to 500
7 standard + 2 van
501 to 1,000
2% of total spaces*
1,001 and over
20 + (1 per 100 over 1,000)*
NOTE:
*
One in every eight accessible parking spaces must be a van-accessible space with an eight-foot-wide access aisle.
C. 
Location. The parking area must be on the same or nearby premises. If on nearby premises:
(1) 
The nearest point of the parking lot shall not be further than the following distances to the nearest point of the property served: 100 feet in the case of a commercial use, 200 feet in the case of a residential use, and 300 feet in the case of an industrial use.
(2) 
The parking area must remain under the control of the owner or operator of the use to which the parking area is appurtenant.
(3) 
Accessible parking spaces shall be located in accordance with the current American with Disabilities Act Accessibility Guidelines for Buildings and Facilities.
D. 
Layout.
(1) 
For all uses except single-family residences, the parking area must be arranged so there be no need for motorists to back over public rights-of-way, and where a parking area abuts the right-of-way line of a public street or alley, a railing, post and chain barricade, raised curbs or equally effective device must line the right-of-way except at access points.
(2) 
Parking areas must be set back at least three feet from all property lines.
(3) 
All parking areas, except those for single-family residences, shall be designed so that a vehicle may proceed to and from it without requiring the movement of any other vehicle.
E. 
Paving. All parking areas and driveways must be paved with concrete, brick, paving blocks or a bituminous paving material.
F. 
Parking lots shall be graded to provide adequate drainage to avoid areas of ponding and shall have an approved stormwater management plan.
G. 
Screening. All nonresidential off-street parking areas and all off-street loading areas shall be effectively screened on any side facing a public right-of-way and shall be screened on each side which adjoins or faces any residential zone or residential, hospital or institutional use in any zone by a fence, wall, earthwork berm or vegetative screen in compliance with § 310-18 of this article.
H. 
When a parking lot will be used after dark, lighting shall be provided. Such lighting shall be directed inward and downward onto the parking lot. It shall not create a glare on adjacent lots or streets. The placement of light standards shall be coordinated with interior landscaping to avoid conflicting with the effectiveness of the light fixtures.
A. 
Size, surfacing. The loading space must be not less than 12 feet wide and 65 feet long. It must be surfaced with a concrete or bituminous material.
B. 
Spaces required. Off-street loading spaces must be provided for each building erected or enlarged in accordance with the following schedule:
Type of Use
Minimum of One Loading Space for Each
Commercial establishment
10,000 square feet of gross floor area or major fraction in excess of first 3,000 square feet
Factory, warehouse
Establishment, plus an additional space for each 10,000 square feet of gross floor area or major fraction in excess of first 7,500 square feet
C. 
Layout. The loading area must be arranged so that there will be no need for motorists to back over public rights-of-way and must not be located in the front yard area.
D. 
Loading spaces shall be separate from and shall not interfere with parking lots, pedestrian walkways, or other areas associated with customer, client or employee traffic.
E. 
Loading spaces shall be placed to the side or rear of commercial establishments.
F. 
Loading spaces shall be graded to provide adequate drainage to avoid areas of ponding and shall have an approved stormwater management plan.
G. 
When a loading space will be used after dark, lighting shall be provided. Such lighting shall be directed inward and downward onto the loading space. It shall not create a glare on adjacent lots or streets. The placement of light standards shall be coordinated with interior landscaping to avoid conflicting with the effectiveness of the light fixtures.
H. 
All off-street loading areas shall be effectively screened on any side facing a public right-of-way and shall be screened on each side that adjoins or faces premises in any residential district or any premises used for residential or institutional purposes in any district by a fence, wall or compact hedge in compliance with § 310-18 of this article.
A. 
Width. Within 10 feet of the street right-of-way line, driveways may not exceed 20 feet in width for single-family dwelling lots and may not exceed 35 feet in width for all other uses.
[Amended 11-13-2019 by Ord. No. 2019-5]
B. 
Number. The number of driveways may not exceed one per lot on any one street frontage. The Zoning Hearing Board may grant permission by special exception for additional driveways where required to meet exceptional circumstances and where frontage of unusual length exists, provided traffic and pedestrian safety will not be jeopardized.
C. 
Offsets.
(1) 
Driveways may not cross the street right-of-way lines:
(a) 
Within 40 feet of the street right-of-way line of an intersecting street.
(b) 
Within five feet of a fire hydrant.
(c) 
Within 25 feet of another driveway on the same property.
(2) 
Driveways must be set back at least three feet from all property lines except for common driveways serving abutting properties.
D. 
Sight distances; slope, cuts. A driveway must be located in safe relationship to sight distance and barriers to vision. The driveway may not exceed a slope of 5% within 25 feet of the street right-of-way line. Where a driveway enters a bank through a cut, unless a retaining wall is used, the shoulders of the cut may not exceed 50% in slope within 25 feet of the point at which the driveway intersects the street right-of-way. The height of the bank must not exceed three feet within 10 feet of the street.
(1) 
Clear sight triangles. Proper sight clearance must be maintained at all street and driveway intersections in accordance with § 310-27D of this chapter.
E. 
Construction. Driveways shall be constructed as follows:
(1) 
Entrance to the street shall be an angle of 75° to 105° with the intersecting street.
(2) 
All driveways shall be paved with concrete, brick, paving blocks or bituminous paving material.
(3) 
All curb cuts shall be properly constructed to the satisfaction of the Township Engineer when curbing is provided. If curbing is not provided, then an adequate drainpipe shall be installed under a driveway where it crosses a street gutter or drainage ditch, as determined by the Township Engineer.
(4) 
Each driveway shall be designed and constructed with adequate provisions for drainage.
(5) 
No driveway shall be constructed within three feet of any building unless a raised curb is provided.
[Amended 12-14-2016 by Ord. No. 2016-02]
A. 
Design standards for parking lots and perimeters.
(1) 
In any parking lot containing 30 or more parking spaces, (excluding a parking garage), 5% of the total area of the parking lot shall be devoted to interior landscaping. Such interior landscaping shall be used at the end of parking space rows to break up rows of parking spaces and to help visually define travel lanes within the parking lot. No more than 20 parking spaces shall be placed in a row without the use of a landscaped island.
(2) 
Landscaping areas situated outside of the physical confines of the parking lot, such as peripheral areas and areas around buildings, shall not constitute interior landscaping. For purposes of computing the total area of any parking lot, all areas within the perimeter of the parking lot shall be counted, including all parking and loading and unloading spaces, fire lanes, access and drive aisles, islands, and curbed areas.
(3) 
Perimeter plantings around parking lots shall also be provided. Perimeter landscaped areas shall be a minimum of five feet in width. A minimum of one deciduous or coniferous tree and two shrubs shall be provided for each 50 feet of parking lot perimeter provided. The balance of the perimeter shall be composed of ground cover, grass, perennials, and the like. Earthen berms and mounds are encouraged to screen the parking area from public streets or adjacent properties.
(4) 
Ground cover alone is not sufficient to meet the parking lot landscaping requirements. A mixed planting design of deciduous trees, shrubs, and ground cover shall be provided within the landscaped islands.
(5) 
The following design requirements shall be adhered to for all interior landscaping within parking lots.
(a) 
Landscaping shall be provided within curbed islands having a minimum width of 10 feet and a minimum area of 180 square feet for single depth islands and a minimum width of 10 feet and a minimum area of 360 square feet for islands with a depth equal to two parking spaces.
(b) 
Each landscaping island must be provided with a minimum of one deciduous tree plus one shrub per each 100 square feet of island area with the balance being composed of ground cover and perennials.
(c) 
Island plantings must be coordinated with the location and height of light standards and utility lines such that conflicts do not exist.
(d) 
Landscaping materials shall be protected from intrusion by cars by the use of curbing, bollards, wheel stops or similar devices.
(e) 
Plantings within landscaped islands shall be designated to provide adequate vehicular sight distance within the parking lot and for any access thereto.
Any use permitted by right, accessory and special exception use may be undertaken and maintained if it conforms to the limitations set forth in each subsection below in addition to compliance with all applicable district and supplementary regulations in this chapter.
A. 
In addition to all standards, norms, levels and safeguards listed hereafter, all amendments thereto and new or additional standards and regulations imposed by the Pennsylvania Department of Environmental Protection shall be met and/or followed.
B. 
Noise. At no point on or beyond the boundary of any lot shall the sound pressure level resulting from any use or activity, whether open or enclosed, (except noise not directly under control of the property user, noises resulting from the construction and maintenance of buildings and facilities including site preparation, and the noises of safety signals, warning devices, railroads and automobile traffic) exceed the maximum permitted decibel levels for the designated octave band as set forth in Chapter 202, pertaining to maximum sound levels, of the Code of the Township of Spring Garden.
C. 
Odors. No continuous, frequent or repetitive emission of odors or odor-causing substances that would be offensive at or beyond any property line will be permitted. The existence of an odor shall be presumed when the concentration of the odor-causing substance or substances in the air at any point at or beyond the property line of the source exceeds the lowest concentration listed as the odor threshold for such substance or substances in Table III (Odor Thresholds) appearing in Chapter 5 of the "Air Pollution Abatement Manual," copyright 1952, by the Manufacturing Chemists Association, or as subsequently amended. Substances not cited in said table shall be deemed odorous when analysis by a competent technician demonstrates that a discernible odor is being emitted.
D. 
Offensive area. All areas for parking, recreation, service, utility equipment, waste receptacles and/or other elements which, because of their appearance, odor and/or noise, would be offensive to those occupying the lot or adjoining lots or those on the street shall be screened, landscaped or otherwise treated to eliminate the offensive condition.
E. 
Lighting and illumination.
(1) 
Where a use involves exterior lighting, the lighting must be so located and shielded that any objectionable illumination or glare is directed away from adjacent and adjoining properties and public rights-of-way.
(2) 
All light sources, including signs, shall be shielded and directed as to prevent the lighting from creating a nuisance to and shining into the eyes of passing motorists.
(a) 
Lighting in overhead canopies shall be recessed so that the filaments shall not be exposed.
(3) 
Streetlighting, temporary decorative lighting less than 2,000 lumens, and emergency lighting used by police, fire-fighting and medical personnel shall be exempted from these regulations.
(4) 
Flickering and flashing lights or the use of strobe lighting is strictly prohibited.
(5) 
The installation or erection of any lighting that may be confused with warning signals, emergency signals or traffic signals shall be unlawful.
(6) 
Any lighting that produces glare shall not cause illumination in excess of 0.5 footcandle measured at the property line.
(7) 
Lighting levels shall be measured in footcandles. Measurement shall be taken with a direct-reading portable light meter or light-reading equipment recommended by the Township Engineer.
(a) 
Readings shall be taken by qualified personnel so that the light-reading meter has been exposed long enough to provide a constant reading. Measurements shall be made after dark with the light sources in question on, then with the same sources off. The difference between the two readings shall be compared to the maximum permitted illumination at the property line at ground level. This procedure eliminates the effects of moonlight and other ambient light.
F. 
Fire and explosive hazards.
(1) 
The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted only if said materials or products are stored, utilized or manufactured within a completely enclosed building having an incombustible exterior and protected throughout by an automatic fire-extinguishing system.
(2) 
All activities involving the use and/or storage and/or disposal of flammable or explosive material shall be provided with adequate safety and protective devices against hazards of fire and explosion, as well as with adequate fire-fighting and suppression equipment and devices standard to the industry involved.
(3) 
All site layouts and structures shall comply with the standards and requirements contained in the following, as adopted by Spring Garden Township:
(a) 
The BOCA National Fire Prevention Code, Eighth Edition, 1990, as amended or updated, save and except such portions as are hereinafter deleted, modified or amended by § 145-24 of Chapter 145, Article IV, of the Code of the Township of Spring Garden.
(b) 
Standards and recommended practices of the National Fire Protection Association (NFPA).
(c) 
The Commonwealth of Pennsylvania Labor and Industry, Fire and Panic Regulations.
(4) 
No structure and no activity within a site or structure shall pose a fire hazard to life or property. Access for firefighters and equipment shall be provided for every structure on the site.
G. 
Smoke. It shall be unlawful for any person to permit the emission of any smoke from any source whatever of a density described as No. 2 on the Ringlemann Chart, published by the U.S. Department of Interior Bureau of Mines.
H. 
Hazardous and toxic material use and storage.
(1) 
No emission that would be demonstrably injurious to human health, animals or plant life at or beyond the boundaries of any lot will be permitted. Where such an emission could result from an accident or equipment malfunction, adequate safeguards considered standard for safe utilization of the toxic and noxious matters involved shall be taken.
(2) 
No toxic substance or material shall be stored or maintained in violation of any state or federal law or regulation.
(3) 
Copies of all lists of hazardous substances, hazardous substance survey forms (HSSF), environmental hazard survey forms (EHSF) and material safety data sheets (MSDS), as each of said terms are defined in the Pennsylvania Worker and Community Right to Know Act, Act No. 150 of 1984, enacted October 5, 1984, shall be filed with the Spring Garden Township Fire Chief in accordance with Chapter 145, Article III, of the Code of the Township of Spring Garden.
(4) 
Hazardous materials shall consist of those chemicals or substances which are physical or health hazards, including combustible or flammable gases, liquids, solids; compressed gas; irritants; toxins, carcinogens, teratogens, and mutagens; cryogenic substances; oxidizers and corrosives; and pyrophoric and reactive materials.
(5) 
Residual and hazardous waste. The handling and disposal of residual or hazardous wastes shall be in accordance with standards and regulations established by the Commonwealth of Pennsylvania in Title 25 of the Pennsylvania Code, Chapters 260 through 285, and by the U.S. Environmental Protection Agency, in Code of Federal Regulations, Title 40, Chapter I.
I. 
Radiation hazards. The handling of radioactive materials, the discharge of such materials into air and water and the disposal of radioactive wastes shall be in conformance with the applicable regulations of the Atomic Energy Commission.
J. 
Glare and heat. Any operation producing intense glare or heat shall be performed within an enclosure so as to completely obscure such operation from view from any point along the property line, except during the period of construction of the facilities to be used and occupied. No heat from any use shall be sensed at any property line to the extent of raising the ambient temperature of air or materials more than 5° F. Any operation or activity that produces glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of 0.5 footcandle measured at the property line.
K. 
Electromagnetic radiation. In the interest of maintaining an atmosphere fruitful to research, there shall be no electromagnetic interference that adversely affects at any point the operation of any equipment other than that belonging to the creator of such interference or that is not in conformance with the regulations of the Federal Communications Commission.
L. 
Ash, dust, fumes, vapors, gases and other forms of air pollution. No emission which can cause any damage to health, to animals or vegetation, or other forms of property, or which can cause any excessive soiling at any point, and in no event any emission from any chimney or otherwise of any solid or liquid particles in concentrations exceeding 0.3 grain per cubic foot of the conveying gas or air at any point shall be permitted. This shall be measured at the point of emission.
(1) 
The discharge of any substance into the atmosphere shall be in strict compliance with provisions of the Federal Clean Air Act and the Pennsylvania Air Pollution Control Act, as amended. In order to minimize overlapping regulations, the Township adopts these standards as its own. Therefore, all operations, activities and uses shall be in compliance with the standards contained in the following: Commonwealth of Pennsylvania Air Pollution Control Act, Title 25, Pa. Code, Chapters 121 through 143, and the Code of Federal Regulations, Title 40, Subchapter C.
M. 
Vibration. No use shall cause or produce earthborne vibrations with an acceleration of more than 1/10 g or shall result in any combination of amplitudes and frequencies on any structure beyond the safe range established in the United States Bureau of Mines Bulletin No. 442, entitled "Seismic Effects of Quarry Blasting."
(1) 
Notwithstanding the provisions of the foregoing subsection, vibration created by blasting or other means such as construction equipment shall be restricted to between the hours of 7:00 a.m. and 5:00 p.m.
N. 
Water. No emission of polluters (as defined by the Pennsylvania Department of Environmental Protection) into a waterway or sewage system extending beyond the property line shall be permitted.
(1) 
All uses and activities shall meet all applicable requirements of the Pennsylvania Clean Streams Law, as amended; all other federal and state laws relating to the quality of surface water, stormwater runoff, and groundwater; and all applicable provisions in Chapter 265 of the Code of the Township of Spring Garden.
A. 
Lot drainage. Lots shall be laid out and graded to provide positive drainage away from new and existing buildings and on-site sewage disposal facilities.
B. 
Nearby existing facilities. Where adequate existing storm sewers are readily accessible, the developer must connect his stormwater management facilities to these existing storm sewers.
C. 
Open drainageways. When open drainageways are used for the disposal of stormwater, the Township shall review the design of such open drainageways in relation to the following:
(1) 
Safety. Steep banks and deep pools shall be avoided.
(2) 
Erosion. Adequate measures shall be taken, such as seeding, sodding, paving or other measures as necessary, to prevent the erosion of banks and the scouring of the channel.
(3) 
Stagnation. Design of open drainageways shall not create stagnant pools or swampy areas.
D. 
Approval. Drainage structures for areas of more than 1/2 mile square shall be subject to approval by the Pennsylvania Department of Environmental Protection.
E. 
Adjacent properties. In the design of storm drainage facilities, special consideration must be given to preventing excess runoff onto adjacent properties.
F. 
Stormwater management ordinance. All development is subject to regulations in the Spring Garden Township Stormwater Management Ordinance, Chapter 265 of the Code of the Township of Spring Garden.
A. 
The provisions of this subsection shall be applicable to natural slopes.
B. 
Performance standards.
(1) 
No site disturbance exceeding 10,000 square feet shall be allowed on slopes exceeding 25%.
(2) 
Mitigation techniques shall be utilized, including but not limited to terracing, retaining walls, tree wells, the establishment of ground covers and/or low-spreading shrubs, the use of erosion control fabric and the like.
(3) 
Stormwater runoff shall be managed in accordance with the Spring Garden Township Stormwater Management Ordinance.
(4) 
No vegetation shall be removed from land on steep slopes except as necessary for the following:
(a) 
The operation of permitted use in accordance with approved plans and best management practices.
(b) 
Woodland management operation.
(c) 
The replacement of plant material that is invasive, hazardous or unhealthy with indigenous and healthy landscape plant material.
(d) 
The construction of permitted facilities in accordance with approved plans.
All dwelling units must conform to the minimum habitable floor area following:
A. 
Single-family, two-family, townhouse: 600 square feet per dwelling unit.
B. 
Multifamily apartment or multifamily conversion: 400 square feet per dwelling unit.
C. 
Bachelor apartment (one person): 300 square feet.
Demolition of any structure must be completed within six months of the issuance of a permit. Completion consists of tearing the structure down to grade, filling any resulting cavity to grade with appropriately compacted fill ground (no demolition material) and removing and legally disposing of all resulting debris materials from the lot. A structure may be partly demolished only if a usable building remains and the demolition of the part is complete as previously mentioned. All evidence of the structure that was demolished must be removed from the exterior surfaces of the remaining building.
A. 
Every public or club outdoor swimming pool must conform to all applicable requirements of state law.
B. 
Except for setback and location requirements, all outdoor swimming pools, whether public, club or private, including an in-ground, aboveground or on-ground pool, hot tub or spa, shall comply with the Spring Garden Township Swimming Pool Ordinance, Chapter 279 of the Code of the Township of Spring Garden. Setback and location requirements shall comply with this chapter.
C. 
Farm ponds shall be excluded from the protective fence requirements of this section.
A group home meeting the requirements of the definition in § 310-3C of this chapter shall be subject to the following additional requirements:
A. 
Supervision. There shall be adequate supervision as needed by an adequate number of person(s) trained in the field for which the group home is intended. Such adequacy shall be determined by the Pennsylvania Department of Public Welfare.
B. 
Certification. Any group home involving three or more unrelated persons living in a dwelling unit or that is otherwise required to be licensed or certified under any applicable state, county or federal program shall be certified or licensed, as applicable, as a condition of Township approval. A copy of any such license or certification shall be filed with the Township and shall be required to be shown to the Zoning Officer upon request. The group home shall notify the Township, in writing, within 14 days if there is a change in the type of clients, the sponsoring agency, the maximum number of residents or if an applicable certification/license expires, is suspended or is withdrawn.
C. 
Registration. For fire and safety purposes, the group home shall register with the Township its location, sponsoring agency, general type of treatment/care, maximum number of residents permitted and the exact location of the bedrooms of the individuals who need assistance with evacuation in the event of any actual fire. Such information shall be available for public review upon request.
D. 
Parking. Two off-street parking spaces shall be provided for the dwelling unit and one off-street parking space shall be provided for each employee on duty at any one time.
E. 
The use shall not meet the definition in § 310-3C of a "group quarters." A group home shall not house persons who can reasonably be considered to be a physical threat to others, as determined by the Pennsylvania Department of Public Welfare.
F. 
The number of persons who may reside in a group home shall not restrict or include bona fide employees who are needed in the group home to supervise and care for residents.
G. 
Any group home shall comply with all building codes, including but not limited to the Uniform Construction Code requirements applicable to said occupancy classification prior to occupancy.
Agriculture meeting the requirements of the definition in § 310-3C of this chapter may be permitted in the OS Zone and shall be subject to the following additional requirements:
A. 
The minimum size of a farm shall be three acres, except that five acres shall be required wherever the agricultural activity includes the raising or tending of livestock.
B. 
All outbuildings shall be set back no less than 500 feet from all residential zones or residential dwellings, except the dwelling of the owner or lessee.
C. 
All outdoor pasture areas shall be enclosed with fencing sufficient to prevent the escape of animals; such fencing shall be set back at least 10 feet from all property lines.
D. 
Agricultural storage areas shall not occupy any part of the required front, side or rear yards. The applicable outdoor storage control provisions of this chapter and all other applicable Township ordinances shall be met.
E. 
All agricultural uses shall be maintained in a way that does not create a danger to public safety or health. An annoyance or inconvenience created by normal agricultural operations shall not be deemed a danger to public safety or health.
(1) 
All outbuildings, stables and outdoor pasture areas shall be properly maintained so as not to become a nuisance to adjoining properties.
(2) 
All animal wastes shall be properly stored and disposed of.
F. 
Any agricultural use that exceeds an average of two or more animal equivalent units (AEUs) per acre shall be prohibited. AEUs shall be determined according to Pennsylvania's Nutrient Management Act (Act 38).[1]
[1]
Editor's Note: See 3 Pa.C.S.A. § 501 et seq.